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 Printer-Friendly Version
Transmittal Number: 227
DATE: September 10, 1998
OFCCP ORDER NO.: FCCM NOTICE CH 2
- SUBJECT: Investigative procedures: compliance check
- PURPOSE: To revise the Federal Contract Compliance Manual
(FCCM) to establish procedures for one of the compliance evaluation
procedures authorized under 41 CFR 60-1.20(a).
- BACKGROUND: In recent amendments to Parts 60-1 and 60-60,
OFCCP removed rigid requirements outlining the content and scope of
compliance reviews from the regulations and adopted a new approach to
developing compliance evaluation procedures. The new regulations provide
at 41 CFR 60-1.20(a) that OFCCP may evaluate compliance through one or a
combination of methods. However, OFCCP declined to establish detailed
procedures for implementing the new compliance evaluation methods in the
regulations, reasoning that it is more appropriate for the agency to
establish the procedures through amendments to the FCCM. 62 Fed. Reg.
44180 (August 19, 1997).
The FCCM amendments made through this transmittal are the first
procedures established under the new compliance evaluation authority.
They will be utilized to inspect certain records contractors are
required to maintain under the record retention requirements at 41 CFR
60-1.12(a)and (b). The records contractors are required to retain
under this section include, among other things, records pertaining to
requests for reasonable accommodation, job advertisements and
postings, copies of their AAPs and documentation of good faith effort
for the preceding AAP year. These procedures for inspection of records
onsite are established under the “compliance check”
compliance evaluation method authorized by section 60-1.20(a)(3).
- GUIDELINES:
- Scheduling:
All contractors selected for a compliance check will be sent a
scheduling letter (Figure 2-4) which informs them of the laws enforced
by OFCCP, and advises them of OFCCP’s upcoming inspection of
data. Contractors are asked to have available for inspection
information identified in the letter. The enclosure to the letter is
an informational summary highlighting important obligations of Federal
supply and service contractors under the laws enforced by OFCCP.
- Scope of the Compliance Check:
The compliance check consists of an inspection of a limited number
of records. The Compliance Officer is not reviewing data for
reasonableness or acceptability, but is inspecting to ensure the
contractor has maintained some of the required records in accordance
with 41 CFR 60-1.12.
- Compliance Check Control Sheet:
When sending out the scheduling letter the Compliance Officer will
begin to fill out the compliance check control sheet (Figure 2-7). An
electronic version of this form will also be used for the case
management tracking system.
- Compliance Check Closure:
All compliance checks will be closed with a closure letter (Figure
2-5). The letter specifies the finding of the compliance check, i.e.
whether the contractor made available for inspection all the data
requested in the scheduling letter. Contractors which fail to allow
access to their facilities will be notified that they will be selected
for another form of compliance evaluation.
- INSTRUCTIONS: From Manual Chapter 2, remove and discard pages
v, 2-65/2-66, 2-71, 2-72/2-73, 2-74/2-75 and 2-76 and insert in their
place the attached pages v, 2-65/2-66, 2-66a/2-66b/2-66c, 2-71/2-72,
2-74/2-75, 2-76/2-77, 2-78/2-79, 2-80, 2C-1/2C-2, 2C-3/2C-4 and 2C-5/2C-6.
Note that pages 2-65 and 2-71 are unchanged, but are printed on the
reverse side of pages which have been changed or which have included in
the Manual for the first time. The current pages 2-72 through 2-76, which
are being discarded, are the index to Chapter 2. Pages 2C-1 through 2C-6
are the replacement pages for the index, and they should be inserted in
the FCCM at the end of Chapter 2. The index pages were replaced because it
was necessary to assign new page numbers to the index pages. The
replacement pages 2-71 through 2-80 should be inserted in Chapter 2
immediately following page 2-70b.
All changes made in this Notice are indicated by a vertical line.
- OBSOLETE DATA: Pages v, 2-65/2-66, 2-71, 2-72/2-73, 2-74/2-75
and 2-76
- ATTACHMENT: Revised pages v, 2-65/2-66, 2-66a/2-66b/2-66c,
2-71/2-72, 2-74/2-75, 2-76/2-77, 2-78/2-79 2-80, 2C-1/2C-2, 2C-3/2C-4 and
2C-5/2C-6.
- DISTRIBUTION: A, B (both hard copy and electronically);
C (hard copy only)
- EXPIRATION DATE: This Notice expires when implemented and may
be discarded or retained for reference, at your option.
(Signed) Shirley Wilcher
SHIRLEY J. WILCHER
Deputy Assistant Secretary for Federal Contract Compliance
September 10, 1998
* Indicates changes
2S NOTICE OF ONSITE REVIEW . . . . . 64
2S00 TELEPHONE NOTICE . . . . . . . . . . . . . 64
2S01 WRITTEN CONFIRMATION OF ONSITE . . . . . . 65
2T COMPLIANCE EVALUATION PROCEDURES - COMPLIANCE CHECK . . . . . . . . 66 2T00 GUIDELINES . . . . . . . . . . . . . . . . 66a
2T01 CLOSURE - COMPLIANCE CHECK . . . . . . .66c
FIGURES
2-1 CASE CHRONOLOGY LOG (CC-53) . . . . . . . . . . . 67
2-2 SCHEDULING LETTER REQUESTING
AAP AND SUPPORT DATA . . . . . . . . . . . . . 68a
2-2a ITEMIZED LISTING . . . . . . . . . . . . . . . . 69
2-3 STANDARD INQUIRY LETTERS FOR REQUESTING COM-PLAINT DATA FROM EEOC,
STATE AND LOCAL FEPS . . 71
2-4 COMPLIANCE CHECK SCHEDULING LETTER . . .
. . . . . 72*
2-4a HIGHLIGHTS OF THE REGULATORY
REQUIREMENTS FOR FEDERAL CONTRACTORS.74*
2-5 CLOSURE LETTER FOR COMPLIANCE CHECK . . .
. . . . . 75*
2-6 MAINTENANCE OF DATA . . . . . . . . . . .
. . . . 77*
2-7 COMPLIANCE CHECK CONTROL SHEET . . . . .
. . . . . 78*
APPENDICES
2A-1 STANDARD COMPLIANCE REVIEW REPORT (SCRR) FORM . . . . . . . . . . .
. 2A-1-1
2A-2 SCRR INSTRUCTIONS . . . . . . . . . . . . . . 2A-2-1
2B SOURCES FOR OBTAINING AVAILABILITY STATISTICS FOR USE IN PREPARING
AFFIRMATIVE ACTION PROGRAMS . . . . . . . . . 2B-1
INDEX . . . . . . . . . . . . . . . . . . . .
. . . . . . 2C-1*
v
Revised 9-98
(b) Mailing: The letter confirming the onsite, signed by the
District Director (DD)/Assistant District Director (ADD) should be mailed
to the contractor (by certified mail, return receipt requested)
sufficiently in advance of the onsite date to ensure that the letter
arrives at least 3 days before the Compliance Officer (CO). In addition,
should the contractor encounter unanticipated problems in obtaining the
items requested, there should be sufficient lead time to allow for the
substitution of alternate materials, where possible and appropriate.
2T |
COMPLIANCE
EVALUATION PROCEDURES - COMPLIANCE CHECK TO ENSURE MAINTENANCE OF
RECORDS CONSISTENT WITH 41 CFR 60-1.12 |
The OFCCP final rule revising 41 CFR Part
60-1 published August 19, 1997, effective September 18, 1997, authorizes
OFCCP to use a range of methods to evaluate a contractor’s compliance
with the regulations. Specifically, paragraph (a) provides that a
compliance evaluation may consist of any one or a combination of the
following: (1) a compliance review, (2) an off-site review of records, (3)
a compliance check, and (4) a focused review.
While the compliance review is the same
comprehensive examination of the contractor’s employment practices as
it has always been, the other evaluation methods are intended to give the
agency additional investigative techniques to determine the compliance
status of contractors. Specifically, OFCCP is now authorized under 41 CFR
60-1.20(a) to use one or a combination of the four methods in evaluating a
contractor’s compliance status. This flexibility allows OFCCP to
maximize the use of its resources.
The following instructions introduce one
compliance check method of conducting evaluations of supply and service
Federal contractors and subcontractors. This method will be used to
conduct a limited inspection of certain records required under the record
retention requirements at 41 CFR 60-1.12.
These procedures address only the portion of
the compliance check definition which calls for maintenance of records
consistent with 41 CFR 60-1.12. Future procedures may cover the other two
functions of compliance checks or focus on the review of other records
required by § 60-1.12.
2-66
Revised 9-98
(a) Scheduling:
All contractors selected for a compliance
check will be sent a scheduling letter (Figure 2-4) which informs them of
the laws enforced by OFCCP, and advises them of OFCCP’s upcoming
inspection of data. Contractors are asked to have available for inspection
information identified in the letter. The enclosure to the letter is an
informational summary highlighting important obligations of Federal supply
and service contractors subject to the regulations enforced by OFCCP.
The date of the onsite inspection should be
coordinated between the Compliance Officer and the contractor, but
normally a contractor would be given 3 working days’ notice for the
inspection.
(b) Scope of the Compliance Check:
This compliance check is an inspection of
records to ensure that they have been maintained by the contractor in
accordance with 41 CFR 60-1.12. The documents to be inspected are: a
report of results under the contractor’s prior Affirmative Action
Program (41 CFR 60-1.12(b)); examples of job advertisements, including
listings with state employment services (41 CFR 60-1.12(a)); and examples
of accommodations made for persons with disabilities (41 CFR 60-1.12(a)).
If a contractor was not covered during the prior AAP year, a prior year
report on the AAP will not be expected to be available for inspection.
(c) Onsite Process:
The CO will have an entrance conference with
the company representative, explaining, as necessary, the mission of OFCCP
and the contractor’s regulatory requirements, and the concept of the
compliance check.
The CO will then inspect the categories of
documents requested in the scheduling letter.
The Compliance Officer is only inspecting
data to see whether the contractor has maintained some records required by
41 CFR 60-1.12.
2-66a
Revised
9-98
There may be occasions when a contractor
states in writing that there was no underutilization identified in the
prior AAP and there were no goals as a result. This information should be
noted on the Compliance Check Control Sheet under “additional
pertinent information.” However, it is not necessary for the
contractor to provide additional information on the prior year AAP.
If, during the course of conducting a
compliance check a CO observes any obvious violations, those violations
should also be noted on the Compliance Check Control Sheet under “additional
pertinent information.” The CO should also discuss the violation with
the contractor, and inform his/her ADD/DD of the violation. Future
compliance evaluations of the contractor will address any such violation.
If the contractor does not have all data
available for inspection, the CO will review the regulatory requirement(s)
with the contractor which pertains to the missing data. Once it is clear
to the CO that the contractor understands the particular recordkeeping
requirement(s) in question, the contractor will be informed that the
appropriate corrective actions will be confirmed in the compliance check
closure letter (Figure 2-5, option (b)). These items will be noted on the
Compliance Check Control Sheet (Figure 2-7, item number 9).
Additionally, the CO will ensure that I-9
requirements are discussed with the contractor and a copy of the IRCA
Handbook for Employers is provided, but the I-9 forms themselves will not
be inspected.
Inspection of the VETS-100 and EEO-1 reports
will not be conducted during the compliance check.
The CO will complete the Compliance Check
Control Sheet. An electronic version of this form will also be used for
the case management tracking system.
The CO will explain the closure process to
the contractor representative.
Note: Also please be aware that Compliance
Checks allow an excellent opportunity for providing contractors with
technical assistance, so assistance may be given at any point in the
Compliance Check process or at a later date. A contractor’s need for
technical assistance should be indicated on the Compliance Check Control
Sheet (Figure 2-7, #13), for appropriate follow-up.
2-66b
Revised 9-98
2T01 |
CLOSURE - COMPLIANCE CHECK |
(a) Maintenance of Data: Figure 2-6
specifies the materials to be maintained in the Compliance Check folder.
(a) A hard copy of the Compliance Check
Control Sheet (Figure 2-7) will be retained in the compliance check
folder, and the electronic version will be completed as well.
(c) All compliance checks will be closed with
a closure letter (Figure 2-5). The letter specifies the finding of the
compliance check, i.e. whether the contractor made available for
inspection all the data requested in the scheduling letter. Contractors
that fail to allow access will be selected for another form of compliance
evaluation, with written notification. Their failure to respond to future
requests for data pertaining to the Affirmative Action Program will
normally result in enforcement proceedings. However, the compliance check
will be closed. (Reference the scheduling letter Figure 2-4, and the
closure letter, Figure 2-5).
2-66c
Revised 9-98
Figure 2-4: |
COMPLIANCE CHECK SCHEDULING LETTER |
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
(Name of CEO)
(Title of CEO)
(Establishment Name)
(Street, Address)
(City, State, Zip Code)
Dear (Name of CEO):
Your establishment located at
________________________________ has been selected by the U.S. Department
of Labor’s Office of Federal Contract Compliance Programs (OFCCP) for
a compliance evaluation in accordance with 41 CFR 60-1.20. The OFCCP
enforces Executive Order 11246, as amended, Section 503 of the
Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212). These
laws require Federal contractors and subcontractors not to discriminate
and to take affirmative action to ensure equal employment opportunity for
all individuals, including women, minorities, persons with disabilities,
and Vietnam Era and disabled veterans.
As specified in OFCCP regulations at 41 CFR
60-1.40, 41 CFR 60-741.40 and 41 CFR 60-250.5, Federal contractors and
subcontractors employing at least 50 people and having a contract which
totals $50,000 or more are required to develop written affirmative action
programs (AAPs) for each of their establishments. In addition, 41 CFR
60-1.12, 41 CFR 60-741.80 and 41 CFR 60-250.52 impose upon Federal
contractors and subcontractors certain record retention obligations.
Contractors must maintain all records relating to personnel or employment
activities. Such records provide support data for a contractor’s AAP,
and enable the contractor to document and demonstrate non-discrimination
and affirmative action compliance.
OFCCP evaluates compliance through a variety
of investigative procedures: compliance check, off-site review of records,
focused review, or compliance review. Under the Executive Order 11246
program, a contractor’s compliance may be evaluated under any one or
any combination of these procedures.
2-72
Revised
9-98
Figure 2-4: |
COMPLIANCE CHECK SCHEDULING LETTER (continued) |
At this time your establishment is scheduled
for a compliance check under 41 CFR 60-1.20(a)(3) and 60-1.12. This
compliance check will focus on whether certain employment records are
being maintained by the establishment in accordance with the requirements
of the regulations at 41 CFR 60-1.12.
In order to facilitate OFCCP’s
compliance check, please have the following information available: a
report of results under your prior year’s Affirmative Action Program
(41 CFR 60-1.12(b)); examples of job advertisements, including listings
with state employment services (41 CFR 60-1.12(a)); and examples of
accommodations made for persons with disabilities (41 CFR 60-1.12(a)).
This office will review the requested records to ensure they have been
maintained as required by 41 CFR 60-1.12. A Compliance Officer will
contact you shortly to establish the date and time so that your records
may be inspected expeditiously.
While the compliance check consists only of
this limited inspection of data, please note that as a Federal contractor/
subcontractor you are required to comply with all the regulations enforced
by OFCCP. We are enclosing a summary list which highlights the regulatory
requirements enforced by OFCCP. More information regarding obligations as
a federal contractor may be found on our website
(http://www.dol.gov/dol/esa), or you may request a copy of the regulations
from this office.
Failure to allow access to your establishment
will result in the selection of your establishment for another, more
in-depth form of compliance evaluation. Should this occur, you will be
notified in writing.
If you have any questions concerning this
matter please feel free to contact (OFCCP contact person’s name and
telephone number).
Sincerely,
(Name of District Director)
District Director
Enclosure: Highlights of the
Regulatory Requirements for Federal Contractors (Figure 2-4a)
NOTE: It is estimated that
it will average approximately 24 minutes to make the requested information
available. The collection of information has been approved under OMB
number 1215-0072, expiration date January 31, 1999. Send any comments
concerning this burden estimate or any other aspect of this collection of
information, including suggestions for reducing the burden, to the Office
of Federal Contract Compliance Programs, Room C-3325, 200 Constitution
Avenue, N.W., Washington, D.C. 20210.
PERSONS ARE NOT REQUIRED TO
RESPOND TO THIS INFORMATION COLLECTION UNLESS IT DISPLAYS A CURRENTLY
VALID OMB NUMBER.
2-73
Revised 9-98
Figure 2-4a: |
HIGHLIGHTS
OF THE REGULATORY REQUIREMENTS FOR FEDERAL CONTRACTORS |
- Develop and maintain Affirmative Action Programs (AAPs) and documentation of good faith efforts for the current and preceding AAP years (41 CFR 60-1.12(b)).
- Executive Order 11246 (41 CFR 60-1.40) – gender, race, religion, national origin
- Section 503 (41 CFR 60-741.40) – disability status
- 38 U.S.C. 4212 (41 CFR 60-250.5) – Vietnam Era and special disabled veteran status
- Maintain personnel activity data and support documentation (Applicant Flow, Hires, Promotions from and into job groups, Transfers, Terminations) by race and gender for a minimum of two years if your corporation has at least 150 employees and $150,000 in contracts; if you have under 150 employees or less than $150,000 in contracts, data must be maintained for a minimum of one year (41 CFR 60-1.12(a); 60-2.12).
- Conduct annual Adverse Impact Analyses if your workforce has 100 or more employees (41 CFR 60-3.4).
- Preserve all personnel records relevant to complaints, compliance evaluations or enforcement actions until final disposition (41 CFR 60-1.12(a)).
- List specified employment openings with the state employment service (41 CFR 60-250.4(b)) and maintain records to document this activity.
- File EEO-1 reports with the Joint Reporting Committee (41 CFR 60-1.7) and retain evidence that the reports have been filed.
- File VETS-100 reports with the U.S. Department of Labor, Office of Veterans’ Employment and Training Service (41 CFR 61-250.10), and maintain records of this activity.
- Maintain Employment Eligibility Verification Forms (Forms I-9) (8 CFR 274a.2). Reference “Handbook for Employers” (M-274) for assistance.
- Maintain evidence that employees have been notified of Family and Medical Leave Act of 1993.
- Poster (29 CFR 825.300)
- Handbook or other written guidance (29 CFR 825.301)
2-74
Revised 9-98
Figure 2-5: |
CLOSURE LETTER FOR
COMPLIANCE CHECK |
(Name of CEO)
(Title of CEO)
(Establishment Name)
(Street Address)
(City, State, Zip Code)
Dear (Name of CEO):
Our recent compliance check of (Name and
Location of the Establishment reviewed) has been completed. This
compliance check has been an inspection of some of the records you are
required to maintain in accordance with OFCCP’s recordkeeping
requirements.
[Select from the following choices (a),(b) or
(c)]
(a) (for closures with no records missing)
During this compliance check of your
establishment we determined that you have made available for inspection
the documents specified in the scheduling letter for the compliance check.
Therefore, based on this limited inspection of the recordkeeping
requirements under 60-1.12, the compliance check of your establishment is
closed.
This has been a limited documents review and
does not represent a comprehensive evaluation of your employment practices
and policies to determine compliance with the requirements of the
Executive Order and regulations.
[Optional]
The Office of Federal Contract Compliance
Programs sincerely appreciates the cooperation and courtesies extended by
you and your staff during the conduct of the compliance check.
OR
(b) (for
closures with data missing)
During this compliance check OFCCP determined
the [prior year report, job advertisements including required listings of
employment openings with the State Employment Service, and/or the examples
of information on accommodations provided to persons with disabilities]
has/have not been maintained. You are advised that this/these document(s)
must be maintained as required under 41 CFR 60-1.12.
2-75
Revised 9-98
Figure 2-5: |
CLOSURE LETTER FOR
COMPLIANCE CHECK (continued) |
Your representative, [name of company
representative and title], agreed to future preparation and
maintenance of this documentation on [date of verbal agreement with
company representative]. It is expected that this/these failure(s) to
maintain required documents will not be repeated. Based on these
assurances from your representative and this limited inspection of the
recordkeeping requirements under 60-1.12, the compliance check of your
establishment is closed.
You may be selected for another compliance
evaluation based on your failure to have available for inspection the
requested items. If you are selected you will be notified in writing.
This has been a limited documents review and
does not represent a comprehensive evaluation of your employment practices
and policies to determine compliance with the requirements of the
Executive Order and regulations.
OR
(c) (failure to allow
access):
You failed to allow access to your
establishment for inspection of the requested materials. Your failure to
allow access will result in the selection of your establishment for
another form of compliance evaluation. When you are selected for another
evaluation you will be notified in writing. Failure to respond to future
requests for data relevant to your compliance with the laws enforced by
OFCCP will normally result in enforcement proceedings. At this time the
compliance check of your establishment is closed.
Sincerely,
(Name of District Director)
District Director
cc: (as appropriate)
2-76
Revised 9-98
Figure 2-6: |
MAINTENANCE OF
DATA/COMPLIANCE CHECK FOLDER |
Following is a list of materials to be
maintained in the case file for all Compliance Checks:
Folder #1: |
Left Side of
Folder: |
Right Side of
Folder: |
|
(A) Selection Information |
(A) Copy of Scheduling
Information Letter |
|
(B) Compliance Check Control
Sheet |
(B) Copy of Closure Letter |
2-77
Revised 9-98
Figure 2-7: |
COMPLIANCE CHECK CONTROL SHEET |
General Information
CRIS Number: |
Module ID: |
CO Number: |
Contact Name and Title:
Address:
Review Type (1): ___ Initial or ___ Follow-Up
Review Type (2): Non-Construction
Review Reason: |
Compliance Check |
Last Review Date: |
DUNS Number: |
EEO-1 Number |
EIN Number: |
SIC Code: |
MSA Code |
Total Employees: |
Total Minority: |
Total Female: |
Multiple Facility: ___ Yes ___ No
Date Scheduling Letter Mailed to Contractor:
Date of telephone contact with contractor
informing of scheduling compliance check:
Date of Onsite:
Findings
Data inspected: |
YES |
NO |
N/A |
Information on prior year report |
____ |
____ |
____ |
Job advertisements including evidence
of job listings with State Employment Service/Americas Job Bank |
____ |
____ |
____ |
Accommodations for individuals with
disabilities
|
____ |
____ |
____ |
2-78
Revised
9-98
Figure 2-7: |
COMPLIANCE CHECK CONTROL SHEET (continued) |
CO Recommendation for Closure:
- If no items missing, leave blank.
- If prior year report missing (unless
contractor was not covered in prior year), check under Executive Order
column.
- If job listings information missing,
check under 4212 column.
- If accommodations information missing,
check under Section 503 column.
- If contractor refuses to grant access,
check appropriate space.
|
E.O.
11246
(Sex/Race)
|
4212 |
Section 503 |
Recordkeeping |
|
|
|
(Checking one of the above spaces will place
the contractor into a pool for further evaluation.)
(Checking the space above will indicate the
contractor will be selected for another compliance evaluation method.)
Need for Technical Assistance indicated:
_____ Yes _____ No
Additional Pertinent Information:
Date Closure Letter Issued to Contractor:
Hours
Onsite:
|
Travel Time:
|
Offsite:
|
Total:
|
2-79
Revised 9-98
APPENDIX 2C
CHAPTER 2 - DESK AUDIT
INDEX
Action-Oriented Programs . . . . . . . . . . . . 2-30
Affirmative Action Plans (AAPs), Acceptability of . . . . . 2-10, 2-35,
2-39
AAP, Additional Ingredients . . . . . . . . . . 2-42
AAP, Completeness of . . . . . . . . . . . . . . 2-10
AAP, Delayed Receipt of . . . . . . . . . . . . . 2-7
AAP, Executive Order, Non-Receipt of . . . . . . 2-7
AAP, Reasonableness of . . . . . . . . . . . 2-11, 2-12
AAP, Section 503/38 U.S.C. 4212, Non-Receipt of . 2-7
AAP, Summary of Problems with . . . . . . . . . . 2-42
AAP, Support Data . . . . . . . . . . . . . . . . 2-42
AAPs, Purpose and Principles of . . . . . . . . . 2-1
Availability Analyses . . . . . . . . . . . . 2-12, 2-16
Availability Analysis - Defining Labor Areas . . . 2-17
Availability Analysis - Eight Factors . . . . . . . 2-20
Case Chronology Form CC-53 . . . . . . . . . . . 2-3
Case Files, Review of . . . . . . . . . . . . . . 2-6
CC-53 -
Chronology Log . . . . . . . . . . . . . 2-67
Chronology Log - CC-53 . . . . . . . . . . . . . 2-67
Civil Rights Act of 1964, Title VII . . . . . . . 2-48
Community Action Programs, Support of . . . . . . 2-34
2C-1
Community Resource Files, Review of . . . . . . . 2-5
Commuting Patterns . . . . . . . . . . . . . . . 2-18
Compensation . . . . . . . . . . . . . . . . . . 2-41
Compensation Analyses . . . . . . . . . . . . . . 2-58
Complaints, Information on . . . . . . . . . . . 2-6
Compliance Check (limited inspection . . . .
.2-66 to 2-66c;* of records). . . . . . . . . . .. . . . . . .
2-72 to 2-79
Compliance Review Information System (CRIS) . . . 2-3
Concentrations and Underrepresentations . . . . . 2-49
Consideration of Minorities and Women
Not Currently in the Workforce . . . . . . . 2-35
Continuing Violation . . . . . . . . . . . . . . . 2-8
Corporate Headquarters, Reviews of . . . . . . . 2-9
Counsel, Representation by . . . . . . . . . . . 2-4
Court Orders, Relationship of
OFCCP Compliance Activities to . . . . . . . 2-7
CRIS Form 100a . . . . . . . . . . . . . . . . . 2-3
Desk Audit, Relationship to Complaint . . . . . . 2-6
Desk Audits, Purpose of . . . . . . . . . . . . . 2-1
EEO Policy, Adoption of by Contractor . . . . . . 2-28
EEO Trend Analysis . . . . . . . . . . . . . . . . 2-43
Equal Employment Opportunity Commission (EEOC) . 2-5
Evaluation Period for Contractor's Performance . 2-8
Goals . . . . . . . . . . . 2-12, 2-28, 2-30, 2-45, 2-46
Goals v. Quotas . . . . . . . . . . . . . . . . . 2-28
Good Faith Efforts . . . . . . . 2-1, 2-36, 2-45, 2-47
2C-2
Revised 9-98
Immediate Labor Area . . . . . . . . . . . . . . 2-17
Impact Ratio Analyses (IRA) . . . . . . . . . 2-53, 2-54
IRA, Proper Use of . . . . . . . . . . . . . . . . 2-55
IRA Summary and Onsite Plan . . . . . . . . . . . 2-55
Implementation of AAP, Responsibility for . . . . . 2-42
Informing of Obligations - Unions . . . . . . . . . 2-63
Informing of Obligations - Vendors and Subcontractors . . . . . . . . . 2-63
Inquiry Letter for Requesting Complaint
Data from EEOC and State and Local FEPs . . 2-71
Internal Audit and Reporting . . . . . . . . . . 2-31
Job Areas, Determining for Work Force Analysis . 2-50
Job Groups . . . . . . . . . . . . . . . . . 2-12, 2-14
Job Groups, Acceptability of . . . . . . . 2-14 to 2-15
Job Titles, Identification for Comparison . . . . 2-58
Labor Area, Immediate . . . . . . . . . . . . . . 2-17
Labor Area, Immediate, Relationship
to Reasonable Recruitment Area . . . . . . . 2-19
Labor Areas, Definition of in Availability Analysis 2-17
Limitations, Physical and Mental,
Reasonable Accommodation to . . . . . . . . 2-41
Lines of Progression . . . . . . . . . . . . . . 2-14
Marital Status, Distinctions Based on . . . . . . 2-33
Minorities, Definition of . . . . . . . . . . . . 2-48
Minority Group Analysis . . . . . . . . . . 2-49, 2-55
2C-3
National Origin and Religion, Guidelines on . . . 2-61
Onsite, Preparing for . . . . . . . . . . . . . . 2-59
Onsite, Scope of . . . . . . . . . . . . . . . . 2-59
Onsite Investigative Plan . . . . . . . . . . . . 2-58
Onsite Plan and IRA Summary . . . . . . . . . . . 2-55
Onsite Portion of Compliance
Review, Development of Plan for . . . . . . 2-42
Onsite Review, Notice of . . . . . . . . . . . . 2-64
Onsite Review, Telephone Notice of . . . . . . . 2-64
Onsite Review, Written Confirmation of . . . . . 2-65
Other Agencies, Contact with . . . . . . . . . . 2-5
Outreach, Positive Recruitment,
External Dissemination of Policy . . . . . . 2-41
Personnel Activity Data . . . . . . . 2-36, 2-43, 2-53
Personnel Policies and Procedures . . . . . . 2-1, 2-45
Physical and Mental Limitations,
Reasonable Accommodation to . . . . . . . . 2-41
Potential Discrimination . . . . . . . . . . 2-1, 2-48
Pre-Desk Audit Actions . . . . . . . . . . . . . 2-3
Previous Compliance Actions, Review of . . . . . 2-8
Problem Areas, Identification of . . . . . . . . 2-29
Qualifications, Physical and Mental . . . . . . . 2-40
Qualifications, Proper Consideration of . . . . . 2-39
Reasonable Accommodation to
Physical and Mental Limitations . . . . . . 2-41
2C-4
Reasonable Recruitment Area . . . . . . . . . . . 2-19
Reasonable Recruitment Area,
Relationship to Immediate Labor Area . . . . . 2-19
Recruitment Area, Reasonable . . . . . . . . . . . 2-19
Regional and District Offices, Reviews of . . . . . 2-9
Religion and National Origin, Guidelines on . . . . 2-61
Reproduction Hazards . . . . . . . . . . . . . . . 2-33
Responsibility for Implementing AAP . . . . . . . . 2-42
Scheduling Letter . . . . . . . . . . . . . . . . . 2-4
Scheduling Letter Requesting AAP and
Support Data . . . . . . . . . . . . . . . . . . 2-68
Section 503 Requirements, Implementation of . . . . 2-62
Sex Discrimination Guidelines . . . . . . . . . 2-32, 2-61
Sources for Obtaining Availability
Statistics for Use in Preparing AAPs . . . . . . 2B-1
Standard Affirmative Action Formats (SAAFs) . . . . 2-5
Standard Compliance Review Report (SCRR) . . . 2A-1, 2A-2
2-2 to 2-4, 2-6,
2-10, 2-12, 2-28,
2-36, 2-39, 2-42,
to 2-50, 2-52 to
2-55, 2-59 to 2-63
2A-1-1 to 2A-1-14a,
2A-2-1 to 2A-2-46
Supply and Demand . . . . . . . . . . . . . . . . 2-19
38 U.S.C. 4212 Requirements, Implementation of . 2-62
Timeframe for Completion of Compliance Review . . 2-9
Title VII, 1964 Civil Rights Act . . . . . . . . 2-48
Underrepresentations and Concentrations . . . . . 2-49
Underutilization Determination . . . . . . . . . 2-12
2C-5
Underutilization, Definition of . . . . . . . . . 2-27
Unions - Informing of Obligations . . . . . . . . 2-63
Utilization Analysis . . . . . . . . . . . . . . 2-11
Vendors and Subcontractors -
Informing of Obligations . . . . . . . . . . 2-63
Veterans Employment and Training Service (VETS) . 2-5
VETS 100 Report . . . . . . . . . . . 2-62, 2-63, 2-65
Wage Rate . . . . . . . . . . . . . . . . . . . . 2-13
Workforce Analysis . . . . . . . . . . . 2-11, 2-12, 2-48
Workforce Sector, Relevant . . . . . . . . . . . 2-50
Workforce Structure . . . . . . . . . . . . . . . 2-1
2C-6
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